Ex-judge Shaikh Daud should not have compromised his stature by allowing himself to be dragooned by BN propagandists to run down Teoh Beng Hock’s family and lawyers


Former Court of Appeal judge Datuk Shaikh Daud Ismail should not have compromised his stature by allowing himself to be dragooned by Barisan Nasional propagandists to run down Teoh Beng Hock’s family and lawyers for the family’s decision to withdraw from the Royal Commission of Inquiry into Teoh’s mysterious death at the Malaysian Anti-Corruption Commission (MACC) headquarters in Shah Alam in July 2009.

Another example of such a media blitzkrieg was the comment by the Universiti Teknologi Mara Assoc Prof of Law Datuk Halim Sidek.

I agree with the advice yesterday by the DAP National Chairman Karpal Singh to Halim that he should “in future demonstrate maturity by checking his facts before making public statements” so as “to set a good example to would-be lawyers under his charge”.

It is most unbecoming of a former judge of the Court of Appeal to make the baseless allegation that Teoh’s family had shown “clear disrespect” to the Yang di Pertuan Agong by pulling out of the Royal Commission of Inquiry.

I am reminded of the shallow attacks by Cabinet Ministers against me in Parliament in the seventies when I first sought to move an amendment to the Motion of Thanks for the Royal Address, on the ground that I was being disloyal and disrespectful of the Yang di Pertuan Agong in seeking to make such an amendment.

This was bunkum and baseless for the Royal Address though delivered by the Yang di Pertuan Agong at the annual opening of Parliament was the policy address of the government-of-the-day and it is established parliamentary practice and convention that criticism of the Royal Address is not criticism of the King but of the government-of-the-day.

It is just amazing that after more than half a century of nationhood, many Malaysians who should know better should still be grappling with such a basic understanding and notion of parliamentary democracy and constitutional monarchy.

If Sheikh Daud is right and consistent, why hasn’t he ever spoken up to criticize the Prime Minister and government-of-the-day for their disrespect and disloyalty of the Yang di Pertuan Agong when, for instance, the Royal Police Commission of Inquiry’s recommendation for the establishment of a Independent Police Complaints and Misconduct Commission (IPCMC) to create an efficient, incorruptible, professional world-class police force or the Lingam Videotape Royal Commission of Inquiry’s recommendations for an independent judiciary were not implemented?

For more than 18 months, when the authorities denied the pleas of Teoh Beng Hock’s family for full, independent and no-holds-barred investigations into Teoh’s death, there has been no squeak of concern from either Shaikh Daud or Halim.

Both Shaikh Daud and Halim should have shown greater empathy and support to Teoh Beng Hock’s family for their decision to pull out of the RCI as the family members have no confidence in its independence and professionalism to get to the bottom of Teoh’s mysterious death especially in their objections to the Attorney-General’s role – firstly, in seeking a revision of the Coroner’s “Open Verdict” which rejected “death by suicide” at Teoh Beng Hock’s inquest to one of suicide; and secondly, the AG’s officers conducting the RCI when these officers are committed to secure a finding of suicide instead of homicide as borne out by latest RCI proceedings.

Instead, they have chosen to cast aspersions on Teoh Beng Hock’s family and their lawyers, Karpal Singh and Gobind Singh Deo, doing them all a grave injustice.

Both of them are guilty of even greater injustice when they seem to suggest that the Teoh Beng Hock family has things to hide and do not want to real truth of Teoh Beng Hock’s mysterious death to be out!

  1. #1 by yhsiew on Wednesday, 2 March 2011 - 5:20 pm

    It is a case of an UMNO sycophant playing the royal card to please his masters.

  2. #2 by donplaypuks on Wednesday, 2 March 2011 - 5:53 pm

    It is PM Najib and UMNO/BN which has downright insulted our KING by blatantly refusing to act on the findings and recommendations of TWO RCI’s – IPCMC and Lingamgate!

    More than that, Minister Nazrid insulted all M’sians by saying they were looking for independent witnesses when at Lingamgate disinterested witnesses had torn to shreds an ex-CJ’s and Lingam’s credibility.

    What a joke and waste of taxpayers’ money.

    As for ex-judge Shaik Daud, what an insult to the institution of the juduciary; doesn’t seem to know facts from fiction.

    dpp
    we are all of 1 Race, the Human Race

  3. #3 by Loh on Wednesday, 2 March 2011 - 6:21 pm

    ///Former Court of Appeal judge Datuk Shaikh Daud Ismail should not have compromised his stature by allowing himself to be dragooned by Barisan Nasional propagandists to run down Teoh Beng Hock’s family and lawyers for the family’s decision to withdraw from the Royal Commission of Inquiry into Teoh’s mysterious death at the Malaysian Anti-Corruption Commission (MACC) headquarters in Shah Alam in July 2009.

    Another example of such a media blitzkrieg was the comment by the Universiti Teknologi Mara Assoc Prof of Law Datuk Halim Sidek.///–Kit

    If an ordinary lay person believes what was spoken by the two persons, then one might conclude that he is simple minded, and is easily swayed by the emotion to support the government because government servants were mainly Malays. But one is a professor who is expected to have a mind that can think for himself. If a brain of that category is biased by racial emotion, then god help the country in the students he will train until his retirement day. The other person held the position of the Judge in the Court of Appeal. He is among the top echelon in the legal profession and he should have the brain that is capable of differentiating between right and wrong. Had he held his silence, we cannot suspect him based on his ethnicity. But the words he uttered cast doubts on cases that went before him, particularly when it involves the government and non-Malays.

    People are awaiting changes for the better when the Malays are better educated; the affirmative actions were needed because they were said to be inferior and education must have been one of the area. But academic qualification that made the two professionals did not make them promising leaders of a developed nation. It looks like time will not help Malaysia arrive at a socially developed nation.

  4. #4 by boh-liao on Wednesday, 2 March 2011 - 7:05 pm

    A puppeteer is manipulating d strings n 1 by 1 various puppets r in action
    In recent by elections, more n more blatantly dirty n out 2 intimidate PR supporters tactics r used: tyres punctured, windscreens smashed, cars scratched (ppl who attended PR rallies)
    Access roads 2 some villages n estate houses blocked against PR politicians/supporters
    PR campaign grps kena kacau, intimidated by polis, PR rally stage torched, destroyed
    Doctored scandalous photos of PR politicians n lies widely circulated
    Blatant offers of free goodies 2 voters n blatant bribery of voters occur everyday
    Truly Animal Farm scenarios, UmnoB/BN more privileged than PR – sliding 2 dictatorship

  5. #5 by DAP man on Wednesday, 2 March 2011 - 7:44 pm

    Shameless human beings who bring shame on themselves and their families.
    If I were their son I will be ashamed.

  6. #6 by undertaker888 on Wednesday, 2 March 2011 - 8:14 pm

    it is the umno government that is showing disrespect to Teoh’s family.

  7. #7 by Taxidriver on Wednesday, 2 March 2011 - 10:10 pm

    God made donkeys different from horses. One glance and you can differentiate one from the other.

  8. #8 by Taxidriver on Wednesday, 2 March 2011 - 10:27 pm

    How the hell one becomes a judge when one cannot think clearly, speaks without thinking and instead of righting the wrong, keeps wrong-ing the right? May Allah have mercy on Bolehland Judges.

  9. #9 by waterfrontcoolie on Wednesday, 2 March 2011 - 11:04 pm

    In another environment, I just wonder how far he would have gone as a lawyer!

  10. #10 by Jong on Wednesday, 2 March 2011 - 11:04 pm

    It’s obvious this shameless needs Najib’s attention after being out and down in retirement! How else to do it?

  11. #11 by johnnypok on Thursday, 3 March 2011 - 2:19 am

    They all belong to the HP6 Club

    Members of the HP6 Club only know how to perform circus stunts, like uttering the word “Dangerous” out of the blue.

  12. #12 by dagen on Thursday, 3 March 2011 - 9:02 am

    Shaik Daud was a firm, fair and sound judge. And I dont think he has lost his head. In which case I believe that he is really telling us something. What he said is not wrong because “R” of the “RCI” refers to Agung. His remark can cut many ways. Ostensibly he may be talking about the withdrawal from the RCI by Teoh Beng Hock’s team but I believe he is actually talking about umno’s resolute reluctance to act on the numerous RCI recommendations made over the years.

  13. #13 by Taikohtai on Thursday, 3 March 2011 - 9:26 am

    [deleted]

  14. #14 by k1980 on Thursday, 3 March 2011 - 9:44 am

    Suppose Shaik Daud’s son had flown out (without parachute) of a 15th floor window of a macc building while been questioned as a ‘witness”. Would he be singing the same song as above?

  15. #15 by monsterball on Thursday, 3 March 2011 - 10:05 am

    God does not take sides in politics.
    Some royalties are not taking sides to represent God?
    Some took sides to show they are not representing God but the money world.
    And our Agong maybe sitting on the fence to finsh his 4 years in peace for him.
    All in all…it is just a bunch for side shows as clearly said by Mahathir.
    UMNO B rules over the royalties.
    The party can do whatever they want. Others cannot.
    And all due to billions stolen to keep them happy and well doing nothing..thinking the money comes froim UMNO B.
    It is clear…when you have a comfortable rich easy life provide by UMNO B…do not rock the boat!
    And for that….UMNO B must keep on stealing billions..which is difficult after 12th GE.
    It is a season for corrections and changes…and that frightens lazy buggers who will never have so good life without UMNO B.
    CORRUPTIONS and DICTATORSHIP government…must go on…while Muslim countries..like..Indonesia..Tunesia..Egypt…
    Yemen…all got rid of thesir corrupted politicians.
    When will the UMNO B Malaysian Muslims…ever learn to live without corruptions…holding Allah above a racist politcal party like UMNO B?
    Why are their minds and souls so weak…that can be bought up my money all these decades?

  16. #16 by TheWrathOfGrapes on Thursday, 3 March 2011 - 10:44 am

    Where is Rambo-Tan when we need him?

  17. #17 by Loh on Thursday, 3 March 2011 - 10:55 am

    Forensic pathologist Dr Prashant Naresh Singh told the Commission of Enquiry into the death of Teoh Beng Hock and said: “ It is important to understand the mechanism of friction of an impact. For a person to be thrown out of the window (referring to a particular window on the 14th floor of the Malaysian Anti-Corruption Commission), Teoh could not have been unconscious.”—The Star 2 March 2011

    That statement was not specific as to when was Teoh becoming conscious. Teoh had to be conscious if he climbed the window and then jumped. But if he was thrown out, Teoh could either be conscious or unconscious. If he was unconscious when he was carried to the window, made to squat on the windowsill, and then thrown out of the window, Teoh could either be conscious or unconscious. Unless Dr Prashant believed that while falling Teon rubbed his body against part of the building and that revived his consciousness. Dr Prashant Singh would be jumping to conclusion to claim that an unconscious person would regain consciousness if he did not know the condition of Teoh before his fall, and he could not even determine the frictional force against Teoh on his way down. Dr Prashant needed to assume that Teoh was conscious to advance his theory on proving that Teoh jumped on his own.

    Dr Prashant concluded that Teoh jumped on his own based on the circumstance evidence of the finger print on the window and the ‘scratch marks on both the shoes which co-related with the width of the window sill.

    It is not obvious to Dr Prashant that unlike a signature, a person needs not be conscious to have his fingerprint affixed to the window pane. Also a person can squat on the windowsill and he could also be placed on the windowsill to have the same scratches made. The two pieces of information could not be the basis to draw his conclusion.

    Another forensic pathologist Dr Khairul Azman Ibrahim said that the fully open window, (on the particular one Teoh BH was said to have exited) was wide enough for one person to fall. He added that the spot where Teoh’s body landed was ‘a bit’ too far from the wall.

    If the window which was hinged on top was push wide open, at say 45 degree, then the distance between the edge of the window and the wall is the height of the window time 1/sqrt 2. If the window is 4 feet tall, the horizontal distance at the lower edge of the window to the wall would be 2.83 feet. The clearance of the window, the height of the window above the windowsill was 1.17 feet. For something to be thrown out of the window, horizontally, beyond the limit of the window, the height of the body should not exceed 1.2 feet. So to throw anything further from the 1.17 feet while it reaches the ground, the body had to be lowered, to clear the window and then thrown out. With this elementary calculation MACC would soon advance the theory that Teoh actually climbed over the window with both his hands clinging on to the windowsill, facing the building, and then used the legs to push out, like a swimmer diving in a pool. If the person was dropped, he would be found near the base of the building.

    At 14th floor, the window was about 100 feet above the floor where the body was found. It took about 2.5 second for the body to hit the ground at the speed of 55 miles per hour. The speed where Teoh was thrown out equals the distance divides 2.5 second. There was no shoe mark on the wall to suggest that Teoh did a swimmer’s backward plunge, and he could not be found more than 1.17 feet away from the wall if he did not hit the window while jumping. The conclusion is most probably more than one person was involved in lowering Teoh until his body cleared the extended window pane before he was thrown out of the window. They did it believing that Teoh had died, or closed to dying. They had the presence of mind to ensure that Teoh’s fingerprint appear on the window pane and the marks of the windowsill on the shoes. The idea was to make Teoh look like having committed suicide, and now the government is acting on the script.

  18. #18 by Loh on Thursday, 3 March 2011 - 10:55 am

    by Loh on Wednesday, 2 March 2011 – 6:21 pm
    Your comment is awaiting moderation.

    ///Former Court of Appeal judge Datuk Shaikh Daud Ismail should not have compromised his stature by allowing himself to be dragooned by Barisan Nasional propagandists to run down Teoh Beng Hock’s family and lawyers for the family’s decision to withdraw from the Royal Commission of Inquiry into Teoh’s mysterious death at the Malaysian Anti-Corruption Commission (MACC) headquarters in Shah Alam in July 2009.

    Another example of such a media blitzkrieg was the comment by the Universiti Teknologi Mara Assoc Prof of Law Datuk Halim Sidek.///–Kit

    If an ordinary lay person believes what was spoken by the two persons, then one might conclude that he is simple minded, and is easily swayed by the emotion to support the government because government servants were mainly Malays. But one is a professor who is expected to have a mind that can think for himself. If a brain of that category is biased by racial emotion, then god help the country in the students he will train until his retirement day. The other person held the position of the Judge in the Court of Appeal. He is among the top echelon in the legal profession and he should have the brain that is capable of differentiating between right and wrong. Had he held his silence, we cannot suspect him based on his ethnicity. But the words he uttered cast doubts on cases that went before him, particularly when it involves the government and non-Malays.

    People are awaiting changes for the better when the Malays are better educated; the affirmative actions were needed because they were said to be inferior and education must have been one of the area. But academic qualification that made the two professionals did not make them promising leaders of a developed nation. It looks like time will not help Malaysia arrive at a socially developed nation.

  19. #19 by born in Malaya on Thursday, 3 March 2011 - 11:02 am

    All I know is MCA has sold all Chinese out by surrendering our citizenship rights to the Malays especially in 1969 when NEP was introduced and MCA gave the go ahead to UMNO.
    Never support a party who is there to get rich by begging from UMNO and sell out his race by asking them to vote UMNO so that our generation will continue to be UMNO’s servant. Powerless MCA.

  20. #20 by Cinapek on Thursday, 3 March 2011 - 11:19 am

    There is a trend lately to trot out all these retired past-their-shelf life specimens to shore up the BN/Govt’s positions ahead of the GE. A prime example is TDM. All these naked and blatant attempts to give the Govt credibility is backfiring on BN badly. People can see through them for what they are and are treating these cheapskate tricks with the contempt they deserve. These retirees should stay out of the controversies to preserve their dignity and legacy.

  21. #21 by dagen on Thursday, 3 March 2011 - 2:12 pm

    Jumped out. Jumped down. Jump. Jump. Jump. Hey look. There is the window. Dont forget that. The window is the flap open type – flap open from the underside. When in openned position the window would be sticking out of the top of the window frame. In other words, the openned window would be an obvious obstruction.

    No one can possibly gain any lateral displacement in such situation. He can only drop himself (or be dropped) more or less straight down. In which case he would not land far from the edge of the building.

    But the body was discovered at the outer/far edge of the lane below. The width of the lane is something like (wot?) 15ft. In other words he landed about 15ft away from the edge of the building.

    I think that is too far out. In order to land there, there must be sufficient lateral throw at the take-off point. In which case the window would be smashed since it was in the way.

  22. #22 by Loh on Thursday, 3 March 2011 - 8:19 pm

    Correction:

    Teoh Beng Hock’s body was found on the fifth floor of the MACC building. So the distance or height of fall was over 9 floors or about 72 feet. The duration of the fall should be 2.1 second and he hit the ground at 46 mph.

  23. #23 by Loh on Friday, 4 March 2011 - 7:08 pm

    by Loh on Friday, 4 March 2011 – 2:44 pm
    Your comment is awaiting moderation.

    Still waiting.

  24. #24 by tak tahan on Friday, 4 March 2011 - 11:03 pm

  25. #25 by Loh on Saturday, 5 March 2011 - 10:40 am

    by Loh on Friday, 4 March 2011 – 2:44 pm
    Your comment is awaiting moderation.

    A different issue now.

    Dr Prashant Singh said that the mark on the neck which Dr Pornthip referred to as the pre-fall injuries was a ‘mark left over after the first autopsy’. Dr Prashant Singh concluded that if that was the injury, then it would have implied that Teoh was unconscious and he could not have walked and squatted on the windowsill and dropped down to the floor nine stories below. Dr Prashant Singh came to the right conclusion as Dr Pornthip except that he did not believe Teoh was unconscious because Teoh had his legs touched the ground first, and hence Teoh must have been conscious. It is just like a person chooses to trim his feet so that he could make the shoes fit his feet.

    If the mark taken by Pornthip as a sign of injuries was sad to be a autopsy mark left after the autopsy was first performed, why should the mark be left so fortunately at the crucial point which have aroused controversy? Was that a pure coincidence that the mark had to be left at the vital spot which important conclusion could have been drawn. A conspiracy theory would have it that there was an injury mark on Teoh’s neck, and it would have been inconvenience to leave it there to argue that the person was conscious, to correlate it with the theory that legs which touched the ground first must mean Teoh was conscious during the fall. To remove the doubt, something was applied on that particular spot as a precaution to explain why the injury mark did not exist.

    Dr Pornthip was not allowed to touch the body, and we do not know how near she was allowed to the body. It is quite convenient now to say that Pornthip noted the appearance but not what had been hidden below, if indeed a chemical compound did apply over that crucial spot.

    The not so technical answer has to be found whether Teoh could have lowered himself to do a somersault to clear the hanging window pane so that his body could be found ‘a bit far’ from the wall.

    Teoh’s body touched the ground at 74 KPH and not 120 KPH as Dr Prashant Singh said. A pre-U student would be able to work the mathematics.

  26. #26 by rockdaboat on Sunday, 6 March 2011 - 5:44 pm

    First we have our brilliant MACC lawyer, next we have this learned judge!

    Malaysia definitely boleh!!!

You must be logged in to post a comment.